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Privacy policy and Terms of Use for HeyCloudy (offered by Dreamy Dot Edtech Pvt Ltd)

Summary

HeyCloudy (hereinafter referred to as ‘We’/’Us’ and ‘Our’ interpreted accordingly), a service offered by Dreamy Dot EdTech Pvt Ltd (‘DreamyDot’), treats its visitors and subscribers privacy very carefully. We offer an internet-based digital subscription service (that may be offered with or without charge) via www.HeyCloudy.co, HeyCloudy app or other website(s), app(s), social media, networking platforms, app stores or methods that we may notify from time-to-time (‘Sites’). The Sites may also be used to provide features, application, content, media, mixed-media, instructions, downloads or other material (all offerings collectively referred to as ‘Services’).

This privacy policy and terms of use (collectively ‘Policy’ or ‘Policies’) summarizes the information (‘Information’) that we may collect from registered users or other visitors (collectively and/or individually ‘Users’, as the context allows) across Sites and how we may or may not use the information. You are hereby notified that this Policy may not apply to and does not govern the collection and use of information by entities other than HeyCloudy. If you are accessing Sites through another provider (e.g. an app store), or visit a link or consume another resource that we link to (but isn’t controlled by Us), you should review the respective privacy policies of such providers before sharing any information, etc. We encourage you to exercise due caution while disclosing information on Sites or anywhere else. If you do not agree to this privacy policy, you must refrain from using the Sites and the Services. ‘You’ shall be used to refer to the Users of the Sites and/or Services and ‘Your’/‘Yourself’/’Yourselves’ shall be interpreted accordingly.

Information collected

It is always your choice whether to share your information with us. However, should you choose not to share the information, we reserve the right not to register you or provide any or all products/services to you. ‘Personally identifiable information’ (PII) means data elements that can be uniquely used to identify you as an individual, such as, but not limited to:

  1. Your name, organization, gender, email address, birth date, phone number, billing or shipping address;
  2. Your HeyCloudy username and password;
  3. Preferences that you may set for your HeyCloudy account, products or services;
  4. Websites, pages and other resources that you visit;
  5. Websites, pages and other resources that you visited before and after visiting Sites;
  6. Information that may uniquely identify the device that you use to access TLPC, e.g. Internet Protocol (IP) address, network cards, mobile device identifiers, operating system;
  7. Payment-related information, irrespective of whether an actual payment is made or not (whether trial, one-time purchase or subscription);
  8. Location information, including location information provided either by a mobile device interacting with Sites or associated with your IP address or WiFi network;
  9. Personal data that you may share about your family members or friends;
  10. Session information, arising out of a ‘login’ attempt to HeyCloudy;
  11. Information that you submit about other people (for example a friend you may want to try out the Services), and
  12. Any other information that we may choose to collect from you.

As a parent, by signing up to use Sites and Services, you are providing an explicit consent for information related to children under 13 (as directed by COPPA). You may write to use to limit the use of such information to HeyCloudy.

Use of Information

By visiting Sites and/or choosing to access Services, You accept that We may retain your Information, in India or outside India, and that it may be held by Us or any Partners that process it, in India or outside India, on Our behalf. We, along with Our Partners, shall be entitled to use your Information, in India or outside India, for any or all of the following purposes:

1. Provide and communicate with You about the Services;

2. Fulfil your requests regarding the Services, including without limitation, respond to any queries that You may have;

3. Provide support, including, without limitation, technical support (inter alia administration and testing) for Services or in connection with our Sites and Services;

4. Prevent fraud or potentially illegal activities (including, without limitation, copyright infringement, unauthorized access) on or through Sites and Services;

5. Protect the safety of our other Users;

6. Perform analysis regarding how you use Our Sites and Services (or any part thereof) through methods such as market research, including statistical analysis of User behaviour which We may disclose to third parties in depersonalised, aggregated form;

7. Payment processing, including, without limitation, verification of trials, one-time purchases, recurring purchases and subscriptions.

Handling of your Information

If you do provide PII to us directly, or through an affiliate or through a reseller or through a third-party service provider or other business partners (collectively ‘Partners’), we shall:

  1. Make commercially reasonable arrangements and precautions to protect the information from loss, misuse and unauthorized access, disclosure, alternation or destruction;
  2. Not sell or rent it to a third-party (excluding affiliates) without your permission. However, if you do not opt out specifically, we may use your contact information to provide you with information that we deem might be useful for you, including (but not limited to), news about products and services from HeyCloudy and affiliates, updates to the Terms of Service;
  3. Not use or disclose the information, except:
    1. As required by a statutory body, a quasi-judicial body, a regulator, a government agency or a law enforcement organization;
    2. To auditors appointed by HeyCloudy and/or Us;
    3. To enforce the necessary Policy;
    4. Where the information is necessary to provide Services that you have requested to receive;
    5. In the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations and aggregations);
    6. With third parties in order to investigate, prevent, or take action (in our sole discretion) regarding potentially illegal activities, suspected fraud, situations involving potential threats to any person, Us, or Sites, or Services, or violations of our Policies, applicable law, to verify or enforce compliance with the Policies governing our Services;

g. To service providers or Partners that we have engaged to perform business-related functions on our behalf. This may include without limitation service providers or Partners that:

i. conduct research and analytics

ii. create content

iii. provide customer, technical or operational support

iv. conduct or support marketing (such as email or advertising platforms)

v. fulfil orders and user requests

vi. handle payments

vii. host our Services, Sites, forums and online communities

viii. administer the Services and/or Sites

ix. maintain databases for Services and Sites, or

x. otherwise support our Sites and Services, including testing of any or all Sites and Services;

    1. In other ways described in this Privacy Policy or to which you have otherwise consented, and
    2. As necessary to protect the rights, safety, or property of HeyCloudy and/or DreamyDot, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.

We may collect information at any time during your interaction with our Sites and Services, including, but not limited to, visiting, signing up, subscribing (whether for a paid/free trial or a paid/subsidised subscription), requesting for newsletters/alerts, un-subscribing or accessing/receiving Services or Sites by any means or channel. Payment related information may be passed on to third-party payment service provider for processing payments.

We may transfer some or all of Information if We undergo a business transition, like a merger, acquisition by another company, or sale of all or part of our assets, or if a substantial portion of our assets is sold or merged in this way.

We may share Information with Our affiliates or group companies, so that they can provide, improve and communicate with You about their own, or their marketing partners’ products and services.

Please note that unless mandated by law, when You leave your contact details We are not bound to reply.

Other information

We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s), research and development, customer and account administration, and to help Us focus our marketing efforts more precisely.

Cookies

HeyCloudy uses Cookies to store data (including, for example, personal and session data) on the device that you use to access HeyCloudy. We may use this to observe Your Service and/or internet usage, understand your behaviour and compile aggregate data in order to improve or customize our Sites/Services, offer relevant advertisements and assess general effectiveness of such advertising. We may also link the information stored in such cookies with personal data about specific individuals or other entities stored on our servers. If you setup your device in such a way that cookies are not allowed to be stored completely, you may not be able to use some or all of the features, products and services provided by HeyCloudy.

Cookies is used to refer to Cookies, pixels, web beacons, clear GIFs and other similar tracking technologies.

Social media and other websites

If you choose to link Services to Facebook or a similar third-party service that collects PII, we may collect and process personal data which you have given Facebook, or such other third-party, permission to share with us. We encourage you to peruse policies and terms of service employed by such third parties.

We may also collect PII when you use or link to our Services and/or connect to Sites on third-party websites/platforms such as app stores, social networking platforms or link your account/profile on Sites to that on another site/platform.

Hosting and data storage

We may store your data on services provided by third-party web/storage hosting providers under contract with us. The data and information that We collect may be transferred to, and stored and processed in, the India, United States or any other country in which we or our affiliates or processors maintain facilities.

Your responsibilities

In order to protect your privacy and those of other users that may be using Sites and/or Services, you agree to:

  1. Not share your HeyCloudy user ID and/or password with anyone else;
  2. To ‘log off’ the HeyCloudy services when you are finished; and
  3. Notify Us immediately if you believe that your account information and/or devices being used to access HeyCloudy, Services or Sites have been compromised.

The Sites may use one or more third-party payment service provider for the purpose of collecting payments towards Services. Please note that all activity carried on through such payment service providers will be governed by their respective policies and you should inform yourself of such policies.

Children’s privacy

With respect to children We know to be under 13 years of age, We do not knowingly collect information from such children. If You are under 13 years of age, do not provide personal information to Us without providing Us with consent from Your parents.

As a parent or a legal guardian, You are responsible for and agree to voluntarily provide, information for children under 13 and authorise their participation in various activities offered by Sites. If You choose to provide information (personal or otherwise) of your family members, friends or other person(s), You are responsible for having the right to do so with their consent and You should also inform them about our Policies.

If We discover that any child under the age of 13 has provided us with personal information and we do not have parental consent, we will delete that child’s information as soon as reasonably practicable. If You believe that we have been provided with the personal information of any child under the age of 13 without parental consent, please notify Us immediately at privacy@heycloudy.co

COPPA compliance

HeyCloudy Sites seek to comply with COPPA Rules for the portions of the Services that might be directed to children under 13. The information for children under 13 is collected is primarily to tailor the Services for them and inform them of the suggested content through the Sites and other means that you may opt into.

As a parent, you can review your child’s personal information, direct Us to delete it, and refuse to allow any further use of the child’s information.

For any enquiries related to the information collected, please write to Us at privacy@heycloudy.co

GDPR compliance

GDPR refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ( http://data.europa.eu/eli/reg/2016/679/2016-05-04 ) as amended from time to time.

The information and rights in this section apply to You only if You are covered by GDPR.

Rights regarding your personal data

You have a number of rights under GDPR including

a. Access: You have the right to access the personal data that We may hold about You and the purposes for which We are using it. We may ask for proof of your identity. On receipt of such a request, We will work towards responding to You as soon as possible, but not later than one month of receiving all details from You.

b. Update: You have the right to request that We amend/update any personal information We hold about you which is incorrect or requires updating.

c. Deletion: You have the right to request that We delete any personal information that we hold about You. We will assess any deletion request on a case by case basis and We will work towards responding to You as soon as possible, but no later than one month of receiving all details from You. If You have provided any original content on Sites or Services and would like it to be removed, please let Us know.

You may write to Us at privacy@heycloudy.co to exercise any of Your rights under GDPR. Please provide as complete a description of Your request as possible.

Changes to this privacy policy

We reserve the right to change this privacy policy as we deem necessary or appropriate because of legal compliance requirements or changes in our business practices and You should check regularly. Your usage of Our Service and/or accessing of Our Sites will be deemed an acceptance of the privacy policy existing at that time. If you have provided Us with an email address, we will make reasonable efforts to notify you, by email to that address, of any material change to how we will use personally identifiable information.

Governing Law, Jurisdiction and Arbitration

Except as stated otherwise, this Policy shall be construed in accordance with and shall be governed by the laws of the Republic of India, with courts at Mumbai having a sole and exclusive jurisdiction.

Any dispute or difference whatsoever arising between You and Us (each individually referred to as a ‘Party’ and collectively as ‘Parties’) out of or relating to the construction, meaning, scope operation or effect of this Policy or the validity or the breach thereof shall be first amicably resolved within 60 (sixty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which it shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.

Further information

If you have questions or comments about HeyCloudy privacy policy, send an email to privacy@heycloudy.co, or contact Us via any of the ways described on our website.

We thank you for choosing HeyCloudy!